Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations

1. At a panel discussion hosted by GeekWire last week, two prominent supporters of the “Compassion Seattle” charter amendment on homelessness said voters should not read anything into the fact that the group does not, as they initially claimed, have widespread support from Seattle homeless service providers.

Late last month, in a story first reported by PubliCola, the group was forced to take down its endorsement page because many of the homeless service providers listed on the site have not actually endorsed the measure. The charter amendment would require the city to fund new shelter beds and behavioral health care from existing resources while enshrining the city’s authority to sweep encampments in Seattle’s constitution.

“Not one of those nonprofit leaders has retracted the statements they made talking about the charter amendment and why it’s a good thing,” Compassion Seattle founder Tim Burgess said. Rachel Smith, CEO of the Seattle Metro Chamber, added, “Many organizations have a process to go through [for endorsements] so I don’t think that is indicative of where they may be. … All those organizations have made statements about how they informed the language, and I think their own words are what we should lean on when we talk about about how they think about this.”

Several service providers, including the Public Defender Association, the Downtown Emergency Service Center, and the Urban League of Seattle worked with Compassion Seattle to soften the language of the initiative, which originally focused primarily on removing unsheltered people from public spaces. However, it’s far from clear that any of these groups will formally endorse the measure.

2. One of the many challenges the city has cited to explain the slow rollout of public handwashing sinks is the difficulty of disposing “graywater”—the runoff from sinks, washing machines, and showers. Unlike stormwater runoff, which flows directly into Puget Sound through the city’s storm drains, graywater (like raw sewage) has to be cleaned and processed through the city’s sanitary or combined sewer system—there’s even a federal consent decree saying so.

If the street sinks program founders, it may be because the city chose to be inflexible not just on optional requirements, like graffiti-resistant materials, but on how it empowers street sink providers to comply with the law.

The city has awarded contracts to two groups, both contingent on solving the issue of graywater disposal along with a host of other issues. The Clean Hands Collective, led by Real Change, has proposed a simple basin, fed by a regular garden hose, that would drain into a planter filled with soil; Seattle Makers, a South Lake Union makerspace, has proposed letting the water in its “handwashing station” prototype drain into a 50-gallon tank, which they would either clean with chlorine tablets or haul away to an SPU facility for disposal.

“Basically, for version 1 of this, we’re going to have to take out the [dirty] bucket and replace it and we have to figure out where the city wants us to drive that bucket of water,” Devin Barich, a volunteer with Seattle Makers, said. Barich also said Makers was considering adding “cleaning tablets” to the dirty water in the hope that that would make the water clean enough to pour down the storm drain. Continue reading “Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations”

Durkan’s Office Backs Down on Outreach Contracts That Would Have Required Providers to Take Part in Sweeps

By Erica C. Barnett

This post has been updated. Scroll to the bottom for the update.

Homeless outreach providers who refused to sign city contracts they said would force them to participate in encampment sweeps and neglect the communities they serve may have prevailed in a battle with Mayor Jenny Durkan and her Human Services Department. After meeting with the service providers last week, Durkan’s deputy mayor in charge of homelessness, Tiffany Washington, sent a letter agreeing to significant changes the organizations had requested and making plans to negotiate new contract details, beginning with a meeting next week.

“Programs whose primary mission is to deliver culturally focused outreach can spend the majority of their time engaging with people aligned with their organization’s focus-population, with a smaller portion of time spent collaborating with the City on proactive outreach,” Washington wrote. “Outreach providers will not be required to be present on the day of a removal.”

As PubliCola reported exclusively last month, seven outreach providers, including three that serve Native American people experiencing homelessness, declined to sign their contracts for 2021 because they included new provisions that would require outreach workers to work at encampments scheduled for removal, regardless of whether the people living there were members of the communities they serve, and impose new daily data reporting requirements the providers called onerous and invasive.

“As Native service providers, it’s really important for us not to be involved in removing people from land.”—Andrew Guillen, Seattle Indian Health Board

Mother Nation, a group that serves Native American women, told the city they would not sign their outreach contract and asked for payment for the work they’ve already done this year. The city often approves human services contracts long after the beginning of the year, but service providers told PubliCola this is the first time they’ve received a very late contract with so many substantive changes added at the last minute.

Andrew Guillen, the grants and contracts director for the Seattle Indian Health Board, said he’s “hopeful” about the new tone from the mayor’s office, although he added that the details still have to be hammered out. “We’re still kind of in a wait and see attitude, because we do expect that those contract provisions will be removed… and we’re not going to sign a contract with those provisions,” Guillen said. Continue reading “Durkan’s Office Backs Down on Outreach Contracts That Would Have Required Providers to Take Part in Sweeps”

Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences

Russell Harvey attends his resentencing hearing via Zoom on June 3, 2021.

By Paul Kiefer

At the end of an emotional hearing on Wednesday, Russell Harvey still looked nervous. The 60-year-old sat facing a webcam in an office at the Monroe Correctional Complex in Snohomish County—his beige uniform matching the empty wall behind him—as King County Superior Court Judge David Steiner signed the paperwork releasing Harvey after more than two decades in prison.

Just before Judge Steiner ended the hearing, Harvey leaned closer to the computer in front of him. “Thank you, Judge. I’m sure it was a tough decision.”

“It wasn’t,” Steiner replied.

Harvey is the second inmate in King County to be resentenced under a new Washington law that retroactively removes second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.” In 1993, Washington became the first state in the country to adopt a three-strikes policy; at the time, the measure received broad bipartisan support.

But some Washington lawmakers are now trying to correct the long-term consequences of the “tough on crime” era, including by reconsidering the state’s harsh sentencing guidelines for nonviolent crimes. The bill that led to Harvey’s release, sponsored by Sen. Jeannie Darnielle (D-27, Tacoma), is only one element of the broader push to address excessive sentences, but for both incarcerated people and the King County Prosecutor’s Office, the new law is the culmination of more than a decade of advocacy.

“For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released. And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way.”—Carla Lee, King County Prosecutor’s Office

Twenty-four years ago, a King County Superior Court judge sentenced Harvey to life in prison after his third arrest for second-degree robbery, which—unlike other three-strikes offenses like rape and manslaughter—generally doesn’t involve a weapon or injury to another person. In the early years of his sentence, Harvey told the court, he repeatedly clashed with prison administrators and spent time in an “intensive management unit”—in other words, solitary confinement.

One of his trips to “the hole” brought him to breaking point, Harvey said. “I called my mom and I asked her what I should do,” he told the court in his opening remarks. “The disappointment in my mom’s voice—there’s no mistaking it. … She basically just hung up on me, right after she asked, ‘when are you going to learn?’ I didn’t want to be affecting people like that. That was when I hit rock bottom.” Harvey’s mental health suffered; according to his attorney, Susan Hacker, Harvey struggled through a series of “trials and errors” by prison medical staff who tried to prescribe him medication after diagnosing him with depression.

But in 2009, Harvey’s case caught the attention of the King County Prosecutor’s Office, which was assembling a list of inmates serving life sentences for three-strikes offenses involving at least one second-degree robbery with the goal of bringing their cases before Washington’s clemency board. That list grew to 45 names. Nearly two dozen received clemency, but Harvey was not among them.

Then, in 2020, the state legislature passed a law giving prosecutors the discretion to request resentencing for people whose original sentences no longer serve the “interest of justice.” In response, the King County Prosecutor’s Office created a sentence review unit and added Harvey’s name to a list of inmates eligible for re-sentencing. Largely because of COVID-19-related court delays, that resentencing effort also stalled, but Harvey received a third chance at release when the state legislature passed the new law that specifically affects inmates facing life in prison for three second-degree robberies.

Carla Lee, who leads the sentence review unit, told PubliCola that the newest resentencing law follows a model developed in King County since the prosecutor’s office first identified Harvey as a candidate for a reduced sentence. “For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released,” she said. “And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way. Our model has now been legislated, so other prosecutors now have to follow it.” Continue reading “Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences”

Can the the Seattle Police Department Consent Decree Be Fixed?

Dr. Antonio Oftelie speaks to the Seattle Community Police Commission in May 2021.

By Paul Kiefer

On Tuesday, the Seattle City Council rejected a proposal to cut $2.83 million from the Seattle Police Department’s budget, bringing an end to a months-long debate and raising questions about whether federal oversight is the right path toward reforming the department.

For almost a decade, SPD has been under federal oversight through an agreement with the US Department of Justice called a consent decree. The consent decree, which Seattle entered in 2012, was supposed to ensure that SPD corrected a pattern of using unjustified force and racially biased policing, among other reforms.

But after nearly a decade, a growing contingent within city government and activist circles are questioning whether the consent decree is capable of changing SPD for the better.

Earlier this week, Councilmember Lisa Herbold was unable to pass legislation cutting millions from SPD’s budget thanks in large part to opposition from SPD and the court-appointed monitor tasked with tracking reforms, Dr. Antonio Oftelie. Herbold initially prosed cutting $5.4 million from the police budget to offset SPD overspending in 2020, and to channel resources to next year’s participatory budgeting program. 

When the plan finally fizzled on Tuesday, many who support additional cuts to the department’s budget blamed Oftelie and the consent decree. “We are seeing the consent decree being wielded as an obstacle to community demands to divest from policing and invest in community safety,” said Angélica Cházaro, a University of Washington professor and organizer with the activist group Decriminalize Seattle, “when in reality the surest way to address issues of racial profiling, use of force, and other violations of constitutional rights by cops is to reduce police power and contact and ensure that communities have what they need to be safe, survive, and thrive.”

“Seattle, as a city, has never come forward to the monitoring team to offer a new solution to a problem. My sense is that if the city could design some alternative response solutions and had plans to show how those were real solutions, then the court and DOJ would be amenable to that.”—federal monitor Antonio Oftelie

Herbold has occasionally joined those critics. During a public safety committee hearing on May 25, for example, she commented that she “often feels hampered by the consent decree because it requires us to get court approval before making any changes.”

Oftelie, however, argues that dismissing the consent decree as an obstacle overlooks its unused potential. At its most basic level, Oftelie told PubliCola, the agreement establishes “a floor” for new policies, better training, and more “constitutional” policing. “Everything can be built on that floor. If Seattle wants to be innovative and transformative, there’s room,” he said. Those reforms could include the creation of a larger-scale civilian unit to respond to mental health crises, or stricter regulation of police officers’ off-duty work.

And while the consent decree outlines a way to add new language to agreement that reflect newer priorities for reform, Oftelie says that Seattle hasn’t taken advantage of that provision.

“Seattle, as a city, has never come forward to the monitoring team to offer a new solution to a problem,” he said. “Some parties in Seattle say, ‘we can’t do something because the consent decree won’t allow it. Or they’ll say, ‘we want the consent decree to do something that it’s not doing at the moment.’ My sense is that if the city could design some alternative response solutions and had plans to show how those were real solutions, then the court and DOJ would be amenable to that.”

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

In order to propose a revision to the consent decree, the mayor and the council would need to agree about the goals and details of the change. Some simpler changes, like replacing out-of-date and ineffective technology used to flag officers who are more likely to use excessive force, would only require the city to identify better software; others, like adjusting the consent decree to require a large-scale civilian crisis response program, would require lengthier debates and pilot programs to produce a workable proposal for the court and DOJ.

Seattle Mayor Jenny Durkan’s office did not respond to PubliCola’s request for comment about whether her office would support any changes to the consent decree. Herbold, however, said that she is open to proposing changes to the consent decree—so long as the changes aren’t up to the council or the mayor’s office.

Continue reading “Can the the Seattle Police Department Consent Decree Be Fixed?”

Durkan Says Schools Should Use “Reserves” for Encampment Response; Homelessness Authority May Hire Ex-HSD Director as Consultant

1. On an appearance on KUOW’s “The Record” Thursday, Mayor Jenny Durkan doubled down on her assertion that it’s up to the school district, not the city, to shelter and house people living in an encampment next to Broadview Thompson K-8 school in north Seattle. The encampment is on district-owned land on the south shore of Bitter Lake, directly adjacent to property owned by the city.

As we’ve reported, the school district has asked the city not to sweep the encampment without providing outreach and access to shelter to the dozens of people living there. Durkan has responded that the since the school district has made it clear they don’t want the city to remove the camp, it’s up to the district to “stand up their own process” for providing outreach and shelter to the people living there, using their “billion-dollar budget” to do so. 

Responding to a question posed by PubliCola’s Erica C. Barnett on KUOW, Durkan said the school district would “have to address [the encampment] the same way we do—you have to do outreach and really try to find places for people to go. You can’t just push them onto the city property [next door] and expect the city to deal with it.” Other than a rough line in the grass, there is no clear demarcation at the site between school district and city property.

Durkan disputed the idea that the school district doesn’t have the funds to stand up its own human services system. For example, she said, if the school district “want[s] to contract with an entity like JustCARE, they do have the reserves, plus money in their transportation budget that they didn’t use this year.”

The school district actually has an ongoing shortfall in its transportation budget, and can never have a surplus in that funding source because the state reimburses school districts for transportation costs after the fact.

JustCARE is a program that provides hotel rooms and intensive case management to people living in encampments in Pioneer Square and other areas. In a memo to the school board and other district officials in April, then-deputy mayor Casey Sixkiller estimated that the district could shelter 30 people through JustCARE for one year for around $1.5 million, or “set up a new tiny home village and provide services to 30 individuals, not including site selection and completing the SEPA process which adds both time and additional costs,” for $1.1 million.

“Our billion-dollar budget is intended for the education of children. We don’t have funding in excess to divert to rehousing adults living in Seattle.” — Seattle school board director Liza Rankin

“The school district so far has declined to act” to provide shelter, housing, and services to residents,” Durkan said on KUOW. “We’re hoping the school district makes a different decision, but they as a board have to decide what their priorities are.”

2. At a school board meeting on Wednesday, board director Liza Rankin, who represents the district where the encampment is located, responded directly to Durkan’s previous comments suggesting the district should set up a system parallel to the city’s to fund shelter, outreach, and encampment removals. “Our billion-dollar budget is intended for the education of children,” Rankin said. “It runs 104 schools, it employs about 8,000 staff, it serves 54,000 students, and it is still not enough to cover counseling, nursing, full-time librarians and more at each and every school.”

“So we don’t have funding in excess to divert to rehousing adults living in Seattle,” Rankin continued. “That being said, we continue to be open and wiling to partner with any and everyone who wants to support the district in the compassionate rehousing of people in our community who deserve much better.”

3. The King County Regional Homelessness Authority is in conversations with former interim Seattle Human Services Department director Jason Johnson about consulting on “sub-regional planning” in South King County, PubliCola has learned. Specifically, Johnson would work to map out the existing resources in South King County for the homelessness authority.

KCRHA spokeswoman Anne Martens said the agency is “still talking through potential scope,” adding, “we don’t actually have a contract in place, so there’s nothing official” yet. Johnson was Durkan’s pick to lead HSD, but he failed to win confirmation from the city council and served in an interim capacity throughout his two years in the position, which ended in December 2020.

City’s Hotel Shelters Face Predictable Challenge: Where Will All the Residents Go?

Mayor Jenny Durkan

By Erica C. Barnett

The homeless service agencies running Seattle’s two hotel-based shelters are running into a predictable problem: Now that the hotels are full, few of their residents are moving out.

The reason, the shelter providers say, is simple: Most of the people currently staying at Kings Inn, run by the Chief Seattle Club, and many of those living at the Executive Pacific Hotel, operated by the Low-Income Housing Institute, have complex challenges, including chronic homelessness and disabling medical conditions, that make them poor candidates for the rapid rehousing program the city said would be hotel residents’ path to self-sufficiency.

Last October, when the city announced plans to open three hotel-based shelters using federal COVID relief funds, city officials said the providers that ran the hotels would move residents into housing quickly using rapid rehousing subsidies—short-term rental assistance that dwindles over time as people gain income and can afford to pay full rent in private, market-rate apartments. When Mayor Jenny Durkan announced the plan to open around 300 hotel rooms as temporary shelter by December of last year, the city estimated that about 231 hotel residents would receive rapid rehousing subsidies through the federally funded program.

“I would say that the majority are not candidates for rapid rehousing,” said LIHI director Sharon Lee. “They’ve been chronically homeless, they have significant drug use, significant disabilities, and their status is unlikely to change.”

Two of the promised hotels, totaling around 200 rooms, opened in March. So far, though, only a handful of people have “exited” the hotels into rapid rehousing through the programs the city funded for this purpose, and the people moving into the hotels, most of them from “priority” encampments that are scheduled for sweeps, need intensive, long-term services, not just a subsidy.

“I would say that the majority are not candidates for rapid rehousing,” said LIHI director Sharon Lee. “They’ve been chronically homeless, they have significant drug use, significant disabilities, and their status is unlikely to change.” (A person is chronically homeless if they have a disabling condition and have been homeless more than a year.) “When you have people who have co-morbidities and are high-acuity, it’s very challenging” to use rapid rehousing, Lee said.

Anne Xuan Clark, a development consultant for the Chief Seattle Club, added, “Most of our residents have mental health and substance abuse issues, and are better suited to PSH [permanent supportive housing],” where residents receive long-term services and are not expected to pay full rent.’

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

As we reported in January, the people who tend to do best in rapid rehousing are those who are working or who can find work, those who have been homeless only a short time, and those who don’t face significant barriers to employment and housing.

Instead of seeking out people with those characteristics, the Human Services Department has reserved rooms in the hotels—particularly the Executive Pacific—for people living in encampments the city decides to sweep. The result of this somewhat random process is that, according to Lee, “we’ve only moved two or three people into rapid rehousing.”

The city believes these numbers are turning around. At a press conference about new federal investments in housing and homelessness Tuesday afternoon, Mayor Durkan touted new numbers showing that between the two hotels, about 50 people had “enrolled in a rapid rehousing program.” But all that means, according to Catholic Community Services deputy director Dan Wise, is “that they have met with our team and have said that they believe rapid rehousing is a good path forward for them.”

The city’s hotel strategy was explicitly based on the premise that a couple hundred rooms would be able to serve far more individual people, as many residents moved quickly on from the hotels and into market-rate units using rapid rehousing subsidies

Wise said CCS is nimble enough to “pivot” when it turns out someone who initially wanted one service turns out to be a better fit for another program, as the agency does frequently in its long-term rapid rehousing program for veterans.

“What we know is that if we engage a veteran and [a certain] service isn’t the right match for them along the way, then talk to the VA about another opportunity, like a long-term voucher or supportive services,” Wise said. “So I think what we’re learning from the hotel is to allow the participants in the hotel to lead their own process listen to them and what they want out of housing and then work with the city to support that.”

Asked whether the mix of people currently at the city’s two hotel-based shelters has made the city’s plans to cycle people through quickly using rapid rehousing, Durkan said, “It’s impossible to classify any category of people as a monolith. Are they eligible for rapid rehousing? Are they not? It really is going to depend on the individuals. … The first thing you have to do us bring people inside and get them stabilized in an enhanced environment, and then you will see what paths are available.”

The problem is that the city’s hotel strategy was explicitly based on the premise that a couple hundred rooms would be able to serve far more individual people, as many residents moved quickly on from the hotels and into market-rate units using rapid rehousing subsidies. If the truth is that most of the people living at Kings Inn and the Executive Pacific need permanent supportive housing, a much more expensive and scarce solution, it means that the city’s current practice of using hotels as receiving sites for encampment sweeps is running smack into the city’s promise of turning hotels into short-term lodging for people who just need a little financial boost. Continue reading “City’s Hotel Shelters Face Predictable Challenge: Where Will All the Residents Go?”